Does Worker’s Compensation Cover Independent Truck Drivers?

Truck drivers play a crucial role. They transport food, medical supplies, raw materials, and other products to businesses and consumers across the country. Without them, daily life might grind to a halt.

Due to the nature of their work - which can include significant heavy lifting, dock/ramp work, and strapping down loads - truck drivers face unique risks of injury. They are also at increased risk of being injured in accidents on the road.

In Wisconsin, most truck drivers who were injured on the job are entitled to worker’s compensation benefits. Some trucking companies try to claim that a truck driver was an independent contractor and deny worker’s compensation benefits on that basis, but most “independent contractor” truck drivers are in fact employees under Wisconsin’s worker’s compensation law and entitled to worker’s comp benefits. If you are a truck driver who was injured in a workplace accident that resulted in significant lost time from work, permanent disability, or permanent wage loss, Kingree Law Firm can help.

Worker’s Comp for Truck Drivers in Wisconsin

Many truck drivers who are otherwise considered “independent contractors” for tax and other purposes are eligible for worker’s compensation benefits in Wisconsin. To qualify as an independent contractor, a Wisconsin worker must satisfy all nine criteria set forth in Wis. Stat. 102.07(8)(b). If even one of these factors is not satisfied, the worker should be classified as an employee and is entitled to worker’s compensation benefits.

To qualify as an independent contractor in Wisconsin, a truck driver must satisfy all nine of the following criteria:

1. Maintain a separate business.
2. Obtain a Federal Employer Identification Number (FEIN) from the IRS or file business or self-employment taxes (a social security number cannot be substituted for a FEIN and does not meet the burden under the statute).
3. Operate under a specific contract to perform specific services or work for specific amounts of money, and under which the truck driver controls the means of performing the services or work.
4. Be responsible for operating expenses under the contract.
5. Be responsible for satisfactory performance of the work under contract.
6. Be paid per contract, per job, or by commission by competitive bid.
7. Be subject to profits or loss in performing the work under contract.
8. Have recurring business liabilities and obligations.
9. Be in a position to succeed or fail depending on the business’s expenses and income.

For truck drivers, this means they must have their own truck and operate entirely independently, choosing the loads they will haul and for whom, typically through a broker. Because very few truck drivers meet all nine criteria, most are entitled to workers’ compensation benefits.

Sometimes the most important of the 9 criteria is the third one. If a trucking company tells you where and/or when to pick up a load, where and/or when to deliver it, or gives other specifications like in-route communication or roads to take, there is an argument that you are not “controlling the means of performing the work” and you are therefore entitled to worker’s comp benefits from that trucking company. Particularly if you frequently haul loads for that company.

In addition, even though many so-called independent truck drivers own and operate their own truck, they may not operate under their own FEIN. Similarly, a truck driver is not an independent contractor under Wisconsin’s worker’s comp statute if they do not pay their own operating expenses or are not subject to profits and losses in performing the work under contract.

Very few Wisconsin truck drivers qualify as independent contractors. When they are injured on the job, they are entitled to worker’s compensation benefits.

Jurisdiction Over Worker’s Comp Claims for Wisconsin Truck Drivers

Because some Wisconsin truck drivers are injured out-of-state, jurisdiction is an important issue in determining whether an injured truck driver is eligible for worker’s compensation benefits. Jurisdiction establishes an administrative agency’s legal authority to hear and adjudicate claims and interpret and enforce the laws within a specific geographic area.

Under Wis. Stat. 102.03(5), when a Wisconsin employee is working outside of the territorial limits of the state and suffers a work-related injury, the employee or his or her dependents are entitled to worker’s compensation if:

1. The worker is principally employed in Wisconsin; or
2. The worker was operating under a contract or hire made in Wisconsin.

Under Wisconsin law, most truck drivers are eligible for worker’s compensation benefits, even if they were injured while operating out of state. The location of the injury does not necessarily matter. As long as most loads began or ended in Wisconsin, or the employer was a Wisconsin-based employer, or the contract for hire was accepted while the trucker was physically located in Wisconsin, Wisconsin’s worker’s compensation law applies.

If the injury occurred in another state, both Wisconsin’s law and the other state’s law may have jurisdiction. You can receive worker’s comp benefits under both states’ laws, or pick one or the other, but you cannot “double dip.” In other words, if you receive worker’s comp benefits under Michigan law and Wisconsin has concurrent jurisdiction, you can only claim Wisconsin compensation above and beyond what you have already received under Michigan law for types of benefits that Michigan law does not provide.

Are You a Truck Driver Who Was Injured on the Job? Contact Us Today

If you are a truck driver who experienced a severe workplace injury that resulted in significant lost time from work, permanent disability, or permanent wage loss and your claim was denied or you did not receive all the benefits to which you are entitled, the worker’s comp team at Kingree Law Firm can help.

Kingree Law Firm exclusively represents injured workers in claims for worker’s comp benefits. We are well-known and highly respected for our knowledge, skills, and quality case preparation, and for the outstanding results we achieve on behalf of our clients. Contact us today to schedule a free and confidential appointment to discuss your situation and how we can help.